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Fairmount Glass Works v. CUB Fork Coal Co., 287 U.S. 474 (1933)
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General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
Fairmount Glass Works v. CUB Fork Coal Co., 287 U.S. 474 (1933)
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Fairmount Glass Works v. Cub Fork Coal Co. No. 314 Argued November 8, 1932 Decided January 9, 1933 287 U.S. 474
CERTIORARI TO THE CIRCUIT COURT OF APPEALS
FOR THE SEVENTH CIRCUIT
Syllabus
1. The Circuit Court of Appeals, its rules so providing, may notice a plain error, though not assigned. P. 480.
2. Where the bill of exceptions recited that a motion for a new trial had been made and overruled but omitted to state the ground of the motion, held that the omission was not fatal to review, the ground being otherwise manifested in the record. Id.
3. The rule that this Court will not review the action of a federal trial court in granting or denying a motion for a new trial for error of fact applies also to the Circuit Court of Appeals. P. 481.
4. Where the evidence in an action on a contract is such that the plaintiff, if entitled to recover anything, is entitled to substantial damages, but there are issues properly before the jury going to the liability of the defendant, a verdict for the plaintiff limited to nominal damages and costs does not reveal on its face inconsistency with the duty of the jury to assess damages, and where in such case the trial court, without assigning reasons, refuses a new trial, its act cannot be held erroneous as a matter of law. P. 483.
5. An exception to instructions, taken after the jury retired, is too late. P. 486.
59 F.2d 539 reversed.
District Court affirmed.
Certiorari to review the reversal of a judgment in an action for breach of contract. See also 19 F.2d 273; 33 id. 420.
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Chicago: U.S. Supreme Court, "Syllabus," Fairmount Glass Works v. CUB Fork Coal Co., 287 U.S. 474 (1933) in 287 U.S. 474 287 U.S. 475–287 U.S. 477. Original Sources, accessed November 22, 2024, http://originalsources.com/Document.aspx?DocID=HBCKE72GWSRPB2I.
MLA: U.S. Supreme Court. "Syllabus." Fairmount Glass Works v. CUB Fork Coal Co., 287 U.S. 474 (1933), in 287 U.S. 474, pp. 287 U.S. 475–287 U.S. 477. Original Sources. 22 Nov. 2024. http://originalsources.com/Document.aspx?DocID=HBCKE72GWSRPB2I.
Harvard: U.S. Supreme Court, 'Syllabus' in Fairmount Glass Works v. CUB Fork Coal Co., 287 U.S. 474 (1933). cited in 1933, 287 U.S. 474, pp.287 U.S. 475–287 U.S. 477. Original Sources, retrieved 22 November 2024, from http://originalsources.com/Document.aspx?DocID=HBCKE72GWSRPB2I.
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